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Youth Criminal Justice Act (S.C. 2002, c. 1)

Act current to 2020-01-08 and last amended on 2019-12-18. Previous Versions

PART 5Custody and Supervision (continued)

Marginal note:Review of youth justice court decision

  •  (1) An order made under subsection 98(3) (decision for continued custody) in respect of a young person, or the refusal to make such an order, shall, on application of the young person, the young person’s counsel, the Attorney General or the provincial director made within thirty days after the decision of the youth justice court, be reviewed by the court of appeal, and that court may, in its discretion, confirm or reverse the decision of the youth justice court.

  • Marginal note:Extension of time to make application

    (2) The court of appeal may, at any time, extend the time within which an application under subsection (1) may be made.

  • Marginal note:Notice of application

    (3) A person who proposes to apply for a review under subsection (1) shall give notice of the application in the manner and within the period of time that may be directed by rules of court.

Marginal note:Breach of conditions

  •  (1) If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition to which he or she is subject under section 97 (conditions to be included in custody and supervision orders), the provincial director may, in writing,

    • (a) permit the young person to continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; or

    • (b) if satisfied that the breach is a serious one that increases the risk to public safety, order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted.

  • Marginal note:Provisions apply

    (2) Sections 107 (apprehension) and 108 (review by provincial director) apply, with any modifications that the circumstances require, to an order under paragraph (1)(b).

Marginal note:Review by youth justice court

  •  (1) When the case of a young person is referred to the youth justice court under section 108 (review by provincial director), the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard,

    • (a) if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, order that the young person continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; or

    • (b) if the court is satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, make an order under subsection (2).

  • Marginal note:Order

    (2) On completion of a review under subsection (1), the youth justice court

    • (a) shall order that the young person continue to serve the remainder of the youth sentence the young person is then serving in the community, and when the court does so, the court may vary the existing conditions or impose new conditions; or

    • (b) shall, despite paragraph 42(2)(n) (custody and supervision order), order that the young person remain in custody for a period that does not exceed the remainder of the youth sentence the young person is then serving, if the youth justice court is satisfied that the breach of the conditions was serious.

  • Marginal note:Provisions apply

    (3) Subsections 109(4) to (8) apply, with any modifications that the circumstances require, in respect of a review under this section.

Marginal note:Continuation of custody

  •  (1) When a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody and an application is made to the youth justice court by the Attorney General, within a reasonable time before the expiry of the custodial portion of the youth sentence, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court and the youth justice court may, after giving both parties and a parent of the young person an opportunity to be heard and if it is satisfied that there are reasonable grounds to believe that the young person is likely to commit an offence causing the death of or serious harm to another person before the expiry of the youth sentence the young person is then serving, order that the young person remain in custody for a period not exceeding the remainder of the youth sentence.

  • Marginal note:Continuation of custody

    (2) If the hearing of an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, the court may order that the young person remain in custody until the determination of the application if the court is satisfied that the application was made in a reasonable time, having regard to all the circumstances, and that there are compelling reasons for keeping the young person in custody.

  • Marginal note:Factors

    (3) For the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, including

    • (a) evidence of a pattern of persistent violent behaviour and, in particular,

      • (i) the number of offences committed by the young person that caused physical or psychological harm to any other person,

      • (ii) the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person,

      • (iii) the use of weapons in the commission of any offence,

      • (iv) explicit threats of violence,

      • (v) behaviour of a brutal nature associated with the commission of any offence, and

      • (vi) a substantial degree of indifference on the part of the young person as to the reasonably foreseeable consequences, to other persons, of the young person’s behaviour;

    • (b) psychiatric or psychological evidence that a physical or mental illness or disorder of the young person is of such a nature that the young person is likely to commit, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person;

    • (c) reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person; and

    • (d) the availability of supervision programs in the community that would offer adequate protection to the public from the risk that the young person might otherwise present until the expiry of the youth sentence the young person is then serving.

  • Marginal note:Youth justice court to order appearance of young person

    (4) If a provincial director fails to cause a young person to be brought before the youth justice court under subsection (1), the youth justice court shall order the provincial director to cause the young person to be brought before the youth justice court without delay.

  • Marginal note:Provisions to apply

    (5) Sections 99 to 101 apply, with any modifications that the circumstances require, in respect of an order made, or the refusal to make an order, under this section.

  • Marginal note:If application denied

    (6) If an application under this section is denied, the court may, with the consent of the young person, the Attorney General and the provincial director, proceed as though the young person had been brought before the court as required under subsection 105(1).

Marginal note:Conditional supervision

  •  (1) The provincial director of the province in which a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody or, if applicable, with respect to whom an order has been made under subsection 104(1) (continuation of custody), shall cause the young person to be brought before the youth justice court at least one month before the expiry of the custodial portion of the youth sentence. The court shall, after giving the young person an opportunity to be heard, by order, set the conditions of the young person’s conditional supervision.

  • Marginal note:Conditions to be included in order

    (2) The youth justice court shall include in the order under subsection (1) the following conditions, namely, that the young person

    • (a) keep the peace and be of good behaviour;

    • (b) appear before the youth justice court when required by the court to do so;

    • (c) report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;

    • (d) inform the provincial director immediately on being arrested or questioned by the police;

    • (e) report to the police, or any named individual, as instructed by the provincial director;

    • (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change

      • (i) in that address,

      • (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,

      • (iii) in the young person’s family or financial situation, and

      • (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;

    • (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and

    • (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society.

  • Marginal note:Other conditions

    (3) In setting conditions for the purposes of subsection (1), the youth justice court may include in the order the following conditions, namely, that the young person

    • (a) on release, travel directly to the young person’s place of residence, or to any other place that is noted in the order;

    • (b) make reasonable efforts to obtain and maintain suitable employment;

    • (c) attend school or any other place of learning, training or recreation that is appropriate, if the court is satisfied that a suitable program is available for the young person at such a place;

    • (d) reside with a parent, or any other adult that the court considers appropriate, who is willing to provide for the care and maintenance of the young person;

    • (e) reside in any place that the provincial director may specify;

    • (f) remain within the territorial jurisdiction of one or more courts named in the order;

    • (g) comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; and

    • (h) comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences.

  • Marginal note:Temporary conditions

    (4) When a provincial director is required under subsection (1) to cause a young person to be brought before the youth justice court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth justice court and the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances.

  • Marginal note:Conditions to be set at first opportunity

    (5) When an order is made under subsection (4), the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision.

  • Marginal note:Report

    (6) For the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court.

  • Marginal note:Provisions apply

    (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1).

  • Marginal note:Provisions apply

    (8) Subsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that the circumstances require, in respect of an order made under subsection (1).

 
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